Energy (Fuels, Levies, and References) Act 1989 No 140 (as at 01 November 2010), Public Act

Reprint as at 1 November 2010

Energy (Fuels, Levies, and References) Act 1989

Public Act1989 No 140
Date of assent19 December 1989
Commencementsee section 1(2)
  • Act name: substituted, on 20 September 2007, by section 5(1)(a) of the Energy (Fuels, Levies, and References) Amendment Act 2007 (2007 No 54).


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Economic Development.


Contents

Title

[Repealed]

1 Title and commencement

1A Act binds the Crown

1B Interpretation

Part 1
Abolition of Ministry of Energy

2 Interpretation

3 Abolition of Ministry of Energy

4 Consequential amendments to references to Minister of Energy, Secretary of Energy, and Ministry of Energy

5 Consequential amendments

6 Repeals

7 Consequential amendments to regulations

8 Revocations

Savings

9 Delegation of powers by Minister or Secretary

10 Existing proceedings

11 Existing consents, licences, permits, approvals, or remissions, etc

Part 2
Function of Minister in relation to price control

12 Interpretation [Repealed]

13 Control of goods or services [Repealed]

Part 3
Levies

14 Purpose of levies

15 Levies payable by owners of coal mines [Repealed]

16 Levies payable by owners of mineral mines [Repealed]

17 Levy payable by holders of prospecting licences [Repealed]

18 Levies payable by occupiers of quarries [Repealed]

19 Levies payable by occupiers of tunnels [Repealed]

20 Levies payable by owners of geothermal energy [Repealed]

21 Levies payable by holders of pipeline authorisations [Repealed]

22 Electricity levies

23 Gas levies

24 Petroleum or engine fuel monitoring levy

25 Supplementary levies [Repealed]

25A Administration charge [Repealed]

26 Rebates

27 Due dates for payment

28 Penalty for late payment

29 Recovery of levies

30 Payment into Departmental Bank Account

31 Power to inspect property, obtain information, and enter land

32 Offence to make incorrect statement, etc

33 Rates of levies, etc, may be prescribed

34 Amount of goods and services tax excluded

Part  3A
Biofuel obligation

[Repealed]

34A Purpose of this Part [Repealed]

34B Outline of this Part [Repealed]

34C Status of examples [Repealed]

34D Interpretation [Repealed]

34E Definition of obliged person [Repealed]

34F Definition of obligation engine fuel [Repealed]

34G Definition of qualifying biofuel [Repealed]

34H Minister must recommend Order in Council under section 34G(2) providing qualifying biofuels must be sustainable biofuels [Repealed]

34I Definition of trigger point [Repealed]

34J Governor-General may revise biofuel percentage [Repealed]

34K Consultation and confirmation requirements for Orders in Council under section 34F, 34G, 34I, or 34J [Repealed]

34L Obliged person’s required amount of qualifying biofuel [Repealed]

34M Calculating required amount of qualifying biofuel and actual amount of qualifying biofuel [Repealed]

34N Required amount of qualifying biofuels may be divided into proportions or amounts by Order in Council [Repealed]

34O Energy content values [Repealed]

34P Exclusion for engine fuel exported from New Zealand [Repealed]

34Q Deferring required amount of qualifying biofuel [Repealed]

34R Surplus and shortfall [Repealed]

34S Entitlement agreements: general rules [Repealed]

34T Entitlement agreements with biofuel owner who is not obliged person [Repealed]

34U Entitlement agreements with biofuel owner who is obliged person [Repealed]

Annual returns

34V Annual returns [Repealed]

34W Auditing of annual returns [Repealed]

Civil penalty

34X Civil penalty for breaching section 34L [Repealed]

34Y Civil penalty for breaching section 34N(2) [Repealed]

34Z Definition of force majeure event [Repealed]

34ZA Applicable rules, procedure, and standard of proof [Repealed]

Part 4
Miscellaneous provisions

35 Regulations

35A Power of Minister to require selling of engine fuel to cease

35B Keeping of records

35C Power to inspect property, obtain information, and enter land to conduct compliance check

35D Offence to make incorrect statement

36 Power of Minister to require information

37 Offences

Search warrants

37A Issue of search warrants

37B Powers conferred by warrant

37C Form and content of search warrant

37D Warrant must be produced

37E Other duties of person who executes warrant

37F When alternative to list of seized things may be provided

37G Matters that must be stated in list of seized things

37H Duty to assist

37I Power to inspect and take copies of documents, etc, obtained under warrant

37J Disposal of things seized

37K Court order to be suspended on conviction

Savings and transitional provisions

38 Savings

39 Transitional provisions in relation to levies

Schedule 1
Enactments amended

Schedule 2
Repeals

Schedule 3
Consequential amendments to regulations

Schedule 4
Orders revoked

Schedule 5
Biofuel percentage

[Repealed]

Reprint notes


[Repealed]

Title

  • Title: repealed, on 20 September 2007, by section 4 of the Energy (Fuels, Levies, and References) Amendment Act 2007 (2007 No 54).